The purpose and effect of the proposed rule is to clarify the eligibility criteria of non-department supervisors.

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-601.202: Use of Inmates in Public Works
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify the eligibility criteria of non-department supervisors.
SUBJECT AREA TO BE ADDRESSED: Use of Inmates in Public Works.
SPECIFIC AUTHORITY: 944.09, 946.40 FS.
LAW IMPLEMENTED: 944.09, 944.10, 946.002, 946.40 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-601.202 Use of Inmates in Public Works.

(1) The Department is authorized to enter into agreements for the use of prisoners in public works with the following:

(a) Any political subdivision of the State, including counties, municipalities, and special districts;

(b) Any State agency or institution;

(c) Any nonprofit corporation incorporated under Chapter 617, F.S.;

(d) Any Federal entities or subdivisions.

(2) All agreements initiated by the preceding entities for the use of inmates under this rule shall be in writing and shall specify:

(a) Whether supervision will be provided by the Department or by the contracting body or organization.

(b) What out-of-pocket expenses, including but not limited to, special clothing, tools, equipment, and transportation, shall be reimbursed to the Department by the contracting body or organization. A payment schedule for any reimbursements shall be included.

(3) If the inmates are to be supervised by persons other than Department of Corrections employees, the written agreement shall include a provision requiring all non-Department of Corrections employees to complete a course of training in the supervision of inmates to be provided by the Department. The written agreement shall specify that initial training and annual refresher training is required for non-department personnel to supervise inmates.

(4) Inmates in the following categories shall be supervised by Department of Corrections employees only:

(a) Those who are classified as close or medium custody;

(b) Those who, after review by classification staff are determined by the warden, in the exercise of his judgment, to pose a threat of violence to the community;

(c) Those who are sufficiently well-known that their presence in the community might result in undue public attention.

(5)(a) Except for the offenses listed below, any inmate who is convicted or has been previously convicted or adjudicated delinquent for any crime where a sex act was intended, attempted or completed shall not be eligible for assignment to a public works program.

1. Acts relating to prostitution;

2. Urinating in public;

3. Nude sunbathing or swimming;

4. Nude or semi-nude adult entertainment;

5. Exposure of buttocks (mooning);

6. Streaking.

(b) Classification staff shall obtain information as to the circumstances of the offense for inmates with an arrest history for a sex offense where there is no conviction and no inmate shall be permitted to participate in the public works program unless the circumstances of the offense clearly indicate that the inmate did not commit a crime. If information as to the circumstances cannot be obtained, the inmate shall not be assigned to public works.

(6) For each person not an employee of the Department of Corrections, who is to supervise inmates under this rule, the assistant warden or designee shall conduct a National Crime Information Center/Florida Crime Information Center (NCIC/FCIC) system criminal history background check.

(6)(7) Non-department supervisors.

(a) Individuals Persons other than Department of Corrections employees may supervise minimum and community custody inmates under this rule only upon the approval of the warden or his designee. In making this determination, the warden or designee shall consider the following:

1. The individual’s criminal history as determined by an initial NCIC/FCIC background check;

2. Whether the individual is a relative, friend, or victim of any inmate at the institution;

3. The individual’s ability to understand and communicate in English;

4. Any other factor that may impact the individual’s ability to safely and effectively supervise inmates participating in a public works program.

(b) Upon approval by the warden or designee, a non-department supervisor shall be required to complete a 32-hour orientation and training course before being assigned to supervise inmates.

(c) Non-department supervisors shall be required to submit annually to an NCIC/FCIC background check, upon which the warden or designee shall reevaluate the individual’s eligibility to supervise based on the criteria set forth in paragraph (a) of this subsection.

(d) Upon re-approval by the warden subsequent to the annual background check and evaluation, a non-department supervisor shall be required to complete an annual refresher training course.

(e) The warden may suspend or revoke a non-department supervisor’s authorization to supervise when an incident occurs or when the warden receives information indicating that the individual is unable or unwilling to safely and effectively supervise inmates participating in a public works program.

(7)(8) All inmates will be expected to carry out instructions as given by the non-Department of Corrections employee.

(8)(9) The Department of Corrections is authorized to enter into agreements with any political subdivision to utilize medium and close custody inmates:

(a) When there are unmet labor needs existing for political subdivisions and the institution is not able to provide minimum or community custody inmates and the type of work and work location is conducive to armed supervision of inmates;

(b) When there exists an emergency which requires more inmates than available from the minimum or community custody inmate institutional complement.

Rulemaking Specific Authority 944.09, 946.40(1) FS. Law Implemented 944.09, 944.10(7), 946.002, 946.40(1) FS. History–New 6-20-84, Formerly 33-3.17, Amended 2-26-86, 10-31-86, 1-29-98, 8-13-98, Formerly 33-3.017, Amended 2-7-02, 12-28-04,________.